(a) (1) A written record required to be given or mailed to a person by a licensee, including an offer of renewal required by Sections 663 and 678, the notice of policy change or cancellation requested by the insured as required by Section 667.5, the notice of conditional renewal required by Section 678.1, the offer of coverage or renewal or a disclosure required by Section 10086, the offer of renewal for a workersâ compensation policy, Section 662, paragraph (2) of subdivision (a) of Section 663, Section 664, 667.5, 673, 677, paragraph (2) of subdivision (a) of Section 678, subdivisions (a), (b), and (c) of Section 678.1, or a written record required to be given or mailed to a person by a licensee relating to the business of life insurance, as defined in Section 101 of this code may, if not excluded by subdivision (b) or (c) of Section 1633.3 of the Civil Code, be provided by electronic transmission pursuant to Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, if each party has agreed to conduct the transaction by electronic means pursuant to Section 1633.5 of the Civil Code, and if the licensee complies with this section. A valid electronic signature is sufficient for any law requiring a written signature. (2) For purposes of this section, the definitions set forth in Section 1633.2 of the Civil Code apply. The term âlicenseeâ means an insurer, agent, broker, or any other person who is required to be licensed by the department. (3) Notwithstanding subdivision (l) of Section 1633.2 of the Civil Code, for purposes of this section, âpersonâ includes, but is not limited to, the policy owner, policyholder, applicant, insured, or assignee or designee of an insured. (b) In order to transmit a record listed in subdivision (a) electronically, a licensee shall comply with all of the following: (1) A licensee, or licenseeâs representative, acquires the consent of the person to opt in to receive the record by electronic transmission, and the person has not withdrawn that consent, prior to providing the record by electronic transmission. A personâs consent may be acquired verbally, in writing, or electronically. If consent is acquired verbally, the licensee shall confirm consent in writing or electronically. The licensee shall retain a record of the personâs consent to receive the record by electronic transmission with the policy information so that it is retrievable upon request by the department while the policy is in force and for five years thereafter. (2) A licensee discloses, in writing or electronically, to the person all of the following: (A) The opt in to receive the record by electronic transmission is voluntary. (B) That the person may opt out of receiving the record by electronic transmission at any time, and the process or system for the person to opt out. (C) A description of the record that the person will receive by electronic transmission. (D) The process or system to report a change or correction in the personâs email address. (E) The licenseeâs contact information, that includes, but is not limited to, a toll-free number or the licenseeâs internet website address. (3) The opt-in consent disclosure required by paragraph (2) may be set forth in the application or in a separate document that is part of the policy approved by the commissioner and shall be bolded or otherwise set forth in a conspicuous manner. The personâs signature shall be set forth immediately below the opt-in consent disclosure. If the licensee seeks consent at any time prior to the completion of the application, consent and signature shall be obtained before the application is completed. If the person has not opted in at the time the application is completed, the licensee may receive the opt-in consent at any time thereafter, pursuant to the same opt-in requirements that apply at the time of the application. The licensee shall retain a copy of the signed opt-in consent disclosure with the polic
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.